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Digitalization is to convenience tax payers & not to harass them; HC allows Transitional Credit

August 27, 2021 1086 Views 0 comment Print

BMW India Financial Services Pvt. Ltd.  Vs Union of India (Telangana High Court) In the facts of the present case, even though the petitioner is in receipt of an acknowledgment number and also an email confirming successful submission of the Form GST TRAN-1 electronically, the information furnished thereunder is not transitioned into online electronic credit […]

Secured debt has priority over Government dues/tax dues

August 27, 2021 4242 Views 0 comment Print

Edelweiss Asset Reconstruction Co. Ltd. Vs Tax Recovery Officer (Bombay High Court) The moot issue arising herein, whether the secured debt assigned in favour of Petitioner (Edelweiss Asset Reconstruction Co. Ltd.)  has a priority over Government dues/tax dues, is, no longer res integra. The Supreme Court in the case of Bombay Stock Exchange Vs. V. […]

HC allows Rabobank to pay 50% of disputed tax under DTVSV Scheme

August 27, 2021 1341 Views 0 comment Print

Cooperative Rabobank U A Vs. CIT (Bombay High Court) Petitioner has fled Form-1 stating that it is eligible for payment of 50% of disputed tax as according to Petitioner the pending appeal is Revenue Appeal, whereas department has treated the same as dispute due to Assessee Appeal, requiring Petitioner to pay 100% of disputed tax. […]

HC allow reopening in the case related to accommodation entries

August 27, 2021 2814 Views 0 comment Print

Geetaben Dineshchandra Gupta Vs ITO (Gujarat High Court) Geetaben Dinesh chandra Gupta (Petitioner) has filed the current petition challenging the notice dated March 23, 2019 which proposed the reopening of assessment of the Petitioner under Section 148 of the Income Tax Act, 1961 (the IT Act). The Petitioner contended that even after the petitioner disclosed […]

No anticipatory bail to economic offenders with huge proceed of crime

August 26, 2021 8637 Views 0 comment Print

Anticipatory bail was denied to the sleeping Director who was accused in the National Rural Health Mission Scheme Scam as in socio-economic offences proceed of crimes were larger and further, offenders were economically sound, therefore, in releasing them on bail/anticipatory bail probability of abscondance not within country but beyond country was more probable.

Reference to TPO invalid if AO not satisfied about income arising and/or being affected on determination of ALP

August 26, 2021 3999 Views 0 comment Print

Hitachi Hi Rel Power Electronics Pvt. Ltd. Vs DCIT (Gujarat High Court) A.O. could be said to have overlooked or rather ignored the jurisdictional requirement of a satisfaction in accordance with para 3.4 of the instruction No.3 of 2016 referred to above that there ought to be an income or potential of an income arising […]

Settlement Commission cannot entertain an Application during subsistence of Dispute: HC

August 26, 2021 2436 Views 0 comment Print

Great Lakes Institute of Management Ltd. Vs Customs, Central Excise and Service Tax Settlement Commission (Madras High Court) The Settlement Commission has rightly formed an opinion that the disputed issues cannot be adjudicated in an application filed to settle the issues. Thus, the spirit of provision under the Central Excise Act, in the matter of […]

Reopening after enquiries valid if Assessee is beneficiary of accommodation entries

August 26, 2021 2733 Views 0 comment Print

Bharatkumar Kalubhai Ghadiya Vs ACIT (Gujarat High Court) In the case on hand also, the Assessing Officer has reason to believe that the petitioner is a beneficiary of accommodation entry and basis for formation of such belief is several inquiries and the investigation by the Investigation Wing, Ahmedabad and report thereof. The reasons for the […]

Karnataka HC: Wipro gets supplementary 3% interest on deferred tax refund

August 25, 2021 2991 Views 0 comment Print

Wipro Limited Vs JCIT (Karnataka High Court) Karnataka High Court allowed the additional 3% interest on the delayed Income Tax Refund to Wipro ( Petitioner) from the Deputy Commissioner of Income Tax (DCIT) (Respondent). The Petitioner approached the Writ Court to challenge the order in which the Respondent, DCIT, denied additional 3 percent interest on […]

Karnataka HC directs GST authorities to Permit Filing of Tran-1

August 25, 2021 654 Views 0 comment Print

Malnad Projects Private Limited Vs Union of India (Karnataka High Court) The subject matter of this Writ Petition is substantially similar to the one treated by a Division Bench of this Court in W.A.No.461/2020 (T-RES) between UNION OF INDIA AND OTHERS Vs. M/S AT AND S INDIA PVT. LTD., AND ANOTHER, disposed off on 1.4.2021 […]

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